TB v. Family and Children's Services of Lanark, Leeds and Grenville, 2018 CFSRB 51

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

TB Applicant

-and-

Family and Children’s Services of Lanark, Leeds and Grenville Respondent

DECISION

Adjudicator: Jennifer Scott Date: October 29, 2018 Citation: 2018 CFSRB 51 Indexed as: TB v Family and Children's Services of Lanark, Leeds and Grenville (s.120 CYFSA)

INTRODUCTION

1This is an Application made under section 120(4) of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”). The CFSRB received this Application on October 24, 2018.

BACKGROUND

2The Applicant complains that the Respondent has failed to protect his child’s mental and physical health. The Applicant states the children are under the care of a negligent and absent parent. The Applicant states further that his concerns are before the Court and that he is awaiting a settlement conference.

THE LAW

3Section 120 of the Act provides that, if a person has “a complaint in respect of a service sought or received from a society [and the complaint] relates to a matter described in subsection (4), the person who sought or received the service may decide” to make a complaint to either the society or the CFSRB.

4Subsection 120(4) of the Act provides that,

The following matters may be reviewed by the [CFSRB] under this section:

1. Allegations that the society has refused to proceed with a complaint made by the complainant under subsection 119(1) as required under subsection 119(2).

2. Allegations that the society has failed to respond to the complainant’s complaint within the timeframe required by regulation.

3. Allegations that the society has failed to comply with the complaint review procedure or with any other procedural requirements under this Act relating to the review of complaints.

4. Allegations that the society has failed to comply with subsection 15(2) [which provides that “[s]ervice providers shall ensure that children and young persons and their parents have an opportunity to be heard and represented when decisions affecting their interests are made and to be heard when they have concerns about the services they are receiving.”]

5. Allegations that the society has failed to provide the complainant with reasons for a decision that affects the complainant’s interests.

6. Such other matters as may be prescribed.

5Under subsection 120(8) of the Act, the CFSRB cannot hear a complaint if the subject of the complaint is before the court. Subsection 120(8)(a) reads as follows:

The Board shall not conduct a review of a complaint under this section if the subject of the complaint,

(a)is an issue that has been decided by the court or is before the court

ANALYSIS

6The CFSRB cannot hear a complaint if the subject matter of the complaint is before the Court. In the Application, that Applicant states that his complaint is before the Court and that he is awaiting a settlement conference. Under subsection 120(8) of the Act, the CFSRB cannot hear this complaint while the same complaint is before the Court.

7This Application is not eligible for review by the CFSRB.

ORDER

8The Application is dismissed.

CONFIDENTIALITY ORDER

9Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this application with anyone including through the media or on-line. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.